Abate v. Hebert

ELLIS, Judge.

Plaintiff has appealed from a judgment refusing to grant him injunctive relief against the defendant for the violation of certain restrictions applicable to the lots in a subdivision established by him.

Defendant purchased Lots 1 and 2 of Block 2 of the Philip Abate Subdivision and built a small home on Lot 1 and a tool and material shed on Lot 2. The trial judge enjoined the defendant from violating the restrictions insofar as Lot 2 was concerned and ordered the removal of the building therefrom, and the defendant did not appeal from this judgment so it has now become final. The…